`Patent 6,451,300
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_________________________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________________
`
`
`CONOPCO, INC. d/b/a UNILEVER
`Petitioner
`
`v.
`
`THE PROCTER & GAMBLE COMPANY
`Patent Owner
`
`_________________________
`
`Case IPR2013-00509
`Patent 6,451,300
`_________________________
`
`
`
`
`PATENT OWNER’S REQUEST FOR ORAL ARGUMENT
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.70(a), Patent Owner The Procter & Gamble
`
`Case IPR2013-00509
`Patent 6,451,300
`
`
`Company (“Patent Owner”) requests an opportunity to present oral argument
`
`regarding the patentability of the instituted claims of U.S. Patent No. 6,974,569
`
`(“the ’569 patent”) and U.S. Patent No. 6,451,300 (“the ’300 patent”).
`
`In particular, Patent Owner requests a combined oral hearing for IPR2013-
`
`00505 and IPR2013-00509, with 60 minutes total per side for arguments, including
`
`rebuttals. Patent Owner further requests the following oral argument structure:
`
`The cases should be argued in sequence starting with IPR2013-00505. Once both
`
`parties have had an opportunity to present argument as to IPR2013-00505, the
`
`hearing will proceed to IPR2013-00509. Each party may allocate its time among
`
`the two cases as it wishes.
`
`The Board has used the oral argument structure above in circumstances
`
`involving hearings of multiple proceedings. See Clio USA, Inc. v. The Procter And
`
`Gamble Co., IPR2013-00438, Paper No. 38, Order Trial Hearing (P.T.A.B. July 1,
`
`2014).
`
`Patent Owner requests (without waiving consideration of any issue not listed
`
`below) that the oral hearing address the following issues:
`
`1. Claim construction of the four indices of the ’569 patent’s claims and
`
`whether the purported tests cited by Petitioner are materially different
`
`from those in the ’569 patent’s claims;
`
`
`
`2
`
`
`
`2. The failure of Kanebo to render obvious the instituted claims of
`
`Case IPR2013-00509
`Patent 6,451,300
`
`
`the ’569 patent;
`
`3. The failure of Kanebo and/or Evans to invalidate the instituted claims
`
`of the ’300 patent;
`
`4. Patent Owner’s Motions to Exclude Evidence, to be filed on October
`
`14, 2014, and Petitioner’s responses thereto (if any);
`
`5. Petitioner’s Motion(s) to Exclude Evidence (if any), and Patent
`
`Owner’s responses thereto; and
`
`6. Any additional issues on which the Board seeks clarification.
`
`For oral argument, which will be held November 7, 2014, Patent Owner
`
`requests to use audio/visual equipment to display demonstrative exhibits, including
`
`the use of a projector and screen for a PowerPoint display. In accordance with the
`
`Trial Practice Guide, 77 Fed. Reg. at 48768, Patent Owner will contact the Board
`
`Trial Division paralegal to discuss this request.
`
`
`
`
`
`3
`
`
`
`Dated: October 3, 2014
`
`
`
`
`
`
`
`
`
`Case IPR2013-00509
`Patent 6,451,300
`
`
`Respectfully submitted,
`
`
`/s/ David M. Maiorana
`David M. Maiorana (Reg. No. 41,449)
`John V. Biernacki (Reg. No. 40,511)
`Thomas R. Goots (admitted pro hac vice)
`Michael S. Weinstein (Reg. No. 62,446)
`JONES DAY
`North Point
`901 Lakeside Avenue
`Cleveland, Ohio 44114-1190
`Tel: (216) 586-3939 / Fax: (216) 579-0212
`
`Steven W. Miller (Reg. No. 31,984)
`Carl J. Roof (Reg. No. 37,708)
`Angela K. Haughey (Reg. No. 56,373)
`THE PROCTER & GAMBLE COMPANY
`299 E. Sixth Street, Cincinnati, Ohio 45202
`Tel: (513) 983-1100 / Fax: (513) 945-2729
`
`Attorneys For Patent Owner
`The Procter & Gamble Company
`
`4
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`Case IPR2013-00509
`Patent 6,451,300
`
`Pursuant to 37 C.F.R. § 42.6, the undersigned certifies that on October 3,
`
`2014, a copy of the foregoing Patent Owner’s Request For Oral Argument, was
`
`served by email, pursuant to agreement of the Parties, on the following:
`
`Joseph P. Meara, Esq.
`jmeara-PGP@foley.com
`FOLEY & LARDNER LLP
`150 E. Gilman Street, Suite 5000
`Madison, WI 53703
`
`Matthew J. Becker
`Jonathan A. Harris
`mbecker@axinn.com
`jharris@axinn.com
`AXINN, VELTROP &
`HARKRIDER LLP
`90 State House Square
`9th Floor
`Hartford, CT 06103
`
`
`
`Michael R. Houston, Esq.
`mhouston@foley.com
`Jeanne M. Gills, Esq.
`jmgills@foley.com
`FOLEY & LARDNER LLP
`321 North Clark Street, Suite 2800
`Chicago, IL 60654
`
`Edward A. Squillante
`Ronald A. Koatz
`edward.a.squillante@unilever.com
`ronald.koatz@unilever.com
`UNILEVER
`700 Sylvan Avenue
`Englewood Cliffs, NJ 07632
`
`
`/s/ David M. Maiorana
`David M. Maiorana
`Registration No. 41,449
`JONES DAY
`North Point
`901 Lakeside Avenue
`Cleveland, Ohio 44114-1190
`
`Attorney For Patent Owner
`The Procter & Gamble Company
`
`
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